Traffic Violations Blog | Unger and Kowitt

How To Read a Florida Uniform Traffic Citation And Get Your Ticket Dismissed

Getting a traffic ticket, for most people, doesn't happen every day. As a result, their ignorance about the process, leads to poor decision making, which in turn leads to something other than a dismissal.

Being a traffic attorney for over 17 years, I've seen hundreds of thousands of tickets, and since my goal on this blog is to educate, please allow me to explain how to read the traffic ticket you just received and hopefully, help you to get your ticket dismissed.

First of all, the technical term for a traffic ticket in Florida is a "Uniform Traffic Citation" or UTC for short. So if you decide to take your matter to court, you may want to sound like you know what you're talking about and refer to it as a Florida Uniform Traffic Citation and not just a "ticket."

Now, currently, we are in a transition in Florida where some tickets are still being written by hand by the officer (those are the yellow ones) and some are being generated by a computer and printer the officer has at the side of the road (those are the white ones).

No matter which type of Uniform Traffic Citation you receive, they operate the same way. They are essentially designed to put you on notice of what you've allegedly done wrong so that you can make a decision about how you wish to proceed.

As you know from reading this blog, when you get a traffic ticket in Florida, you have three choices:

You can pay the ticket and take the points (always a bad decision),

You can pay the ticket and elect traffic school (almost always a bad decision), or

You can fight the ticket (the only way to get it dismissed).

We've detailed in many previous posts why we think fighting the ticket is the best way to go. To that end, the first thing you MUST be able to do is read that ticket.

After noting your citation number (which is the big black series of numbers and letters), the first thing you should look at, and it is printed at the very top, is the county in which you received your ticket.

If you plan on contesting the ticket, you will need to know in which county you will be forced to appear. Just because you live in Palm Beach doesn't mean that's where the ticket will be heard. The courthouse within the county where your case will be heard, is determined by the clerk of court, not by you. Take note.

After that, your personal information appears on the ticket. What's important to look at here, is that the name and driver's license information is accurate. Unfortunately, minor errors or typos will not be enough to get a case dismissed, but many times we've seen tickets issued to a completely different person. I'm not exactly sure how it happens, but obviously the officer can get confused at the scene and give the wrong person the wrong ticket. In this instance, you must make sure to challenge the ticket on these grounds.

Moving on, the middle of the ticket is where things start to get interesting. It is here the officer will indicate what law you are charged with breaking. There are a series of checkboxes and lines for the officer to fill in details, as well as a spot for the actual Florida statute number.

This area represents the most important part of the ticket, because it is here where due process defenses are born. The state has a burden to inform you of what you've done wrong. It is extremely important that you scrutinize this portion of the ticket. We have gotten more tickets dismissed in my office because of mistakes in this area, than any other.

You can read many of the other posts here on this blog where I detail ways to get cases dismissed, but, suffice it to say, if the statute is missing, or incorrect, you should make a motion to the court and ask for a dismissal.

After that section, there is a spot for a signature. In the past, this was a huge area of dispute. The fine print, that no one bothered to read, was only saying that by signing the ticket, you agreed that the officer was handing you a piece of paper and that you promised to appear in court or take care of the matter. Unfortunately, many people took their signature to mean that they were agreeing with what was written on the ticket and refused to sign. Well, if you refused to sign, the officer could take you to jail and the entire situation became hostile and wasn't working out too well. Therefore, the requirement that you sign your ticket has been modified (See Florida Statute Here), only requiring a signature in certain situations.

Hopefully, this has given you some knowledge you can use the next time you receive a Florida Uniform Traffic Citation. If you are staring at your ticket, and still not sure what you're looking at, you can always ask one of the attorneys in my office to look at it and give you their opinion. We offer a free consultation, and are happy to make suggestions. We're here to help. Just call us at 800-489-4125.

I just received a Florida Uniform Traffic Citation this past Saturday and after I looked at the Citation later, I noticed that the officer put the incorrect vehicle year, make, and model as well as tag number by the last digit wrong on the citation. Should I fight this citation, and are my chances good for a dismissal? Also I was on two lane rural highway that had a short distance passing lane that I was in and didn't realize I was at the end when he caught me. He put on this ticket that I was on a 4 Lane Hwy with 20Ft Median Outside BUS. or RES Dist.

steve anonoymous

The title really doesn't live up to what anybody that can read other than a bit of common sense & history. facts I never knew but this leads to a phone call for service. What doesn't work is highlighted. Facts I never knew. But how to get it dropped? getting it dismissed maybe??? call us for service

Andrew

It just happened to me too. Can you tell me what happened with your case?

Maharajan Shunmugam

Hi,

Thanks for your reply. It happened in Orlando near by downtown.

Thanks, Maha

Barry Kowitt

Maharajan,

No Problem. We can certainly help you out with that. Please call the office at 800-489-4125 to discuss further.

Barry

Chris

I received a citation on 3/6/2014. I was on my way to work at 3am traveling on I-75. I was running a little late. I was on cruise control doing 85, i went by two state troopers. One clocked me and stopped me. He told me he got me at 85 and that the speed was 70 i kindly agreed and told him i was late for work and where i worked. He took my info, asked why my license was taped i told him i keep it in my pocket and not my wallet and it had gotten bent. He told me i had to get a new one. Then he runs my info comes back and says he is giving me a warning for my license but giving my a citation for the speeding. But i dont have $250 laying around to pay it. Id like to fight it.

Prasanna C

Hi,
I recently received a ticket for a speeding ticket in Monroe county, Florida.
I was caught by a traffic Cop on single lane road (Key west to Miami) with speed of 60 when the actual limit was 45 (I really dont know when the limit got changed from 55 to 45) . He told I am giving you ticket for unlawful speed and you he 3 options to respond to the ticket. I actually dont know which option to choose, and tried first one to pay the fine online but it says your Citation# is not available.
Am I eligible for the 3rd option?
Thanks

Michael Lee

My traffic citation was issued in Palm Beach County, Florida. An officer pulled me over and claimed I didn't come to a full stop at stop sign. The officer wrote on the citation that I failed to stop at stop sign. No statute was listed. I set a court date to argue. How do you defend against his word vs. my word. I have a very clean driving record spanning 37 years.

Chris Williams

I wanted to add to my earlier comment that I heard you can try and beat the ticket by asking for court hearing which could take a few months before hearing and then there is a way to postpone your hearing for another few months and then by the time you have your trial you can hope for that the officer doesn't show and then you wouldn't have to pay. Is this true? Also I checked over my whole citation and it all checks out although, when I tried to look it up online at the clerks website they have no record of it. Could this be because the officer hasn't had it filed by the court yet? it only happened yesterday.

Maharajan Shunmugam

Hi Chris,

Please allow 8-10 business days to have your citation filed in the court by officer and to appear online.

For me it took 9 business days to appear online.

Try after few days.

Barry Kowitt

Michael,

You don't argue his word against your word, you will lose. You make a legal argument, like you indicated, which cannot be refuted. "no statute was listed." That isn't his word against yours.

Good Luck.

Barry

Maharajan Shunmugam

Hi Barry,

I called your offive today and your staff said that your office is located in Sunrise.How about its possible for you appear in orange county clerk's court,Orlando downtown?

Chris Williams

I also heard that you can go to clerks office and ask for community service to get out of paying your ticket also. Is this true?

Barry Kowitt

Maharajan,

We have attorneys all over the state. No Worries.

Barry

Barry Kowitt

Chris, regarding your comment about community service, it's my understanding that only a judge can order you to do community service. However, please understand, if you were able to do that instead of paying, you would be receiving points, which is not good.

Thanks.

Barry

Barry Kowitt

Chris,

I'm sorry for the delay in getting back to you. You never stated what county on I-75 you received your ticket. I would definitely recommend you fight this. If you would like a free consultation, we'll be happy to go over it and give you our opinion.

Thanks.

Barry

Mae

Hello Barry, My husband received a UTC for FL Statute 316.187(1) Alleging unlawful speed of 81 in a 65 on the eastbound crosstown upper deck in Tampa. The officer listed the BEE III 110200021 RADAR as the speed measurement device. Now, here are the issues: The officer listed the address wrong as a Florida address. My husband has a Michigan DL with a Michigan address. The vehicle insurance is under the Florida address that he listed, not his driver's license. Also, the box that indicates "IF DIFFERENT THAN ONE ON DRIVER LICENSE "X" HERE" is not X'd. The vehicle was listed as "SW" for the style, when the vehicle registration lists it as "4 door". The officer also listed the color as "GRY" when it is in fact black. I am not sure if any of this even matters, but it seems like there is an awful lot of mistakes here. Also, my husband was informed (perhaps mistakenly) that the Sheriff had no jurisdiction there. Supposedly, only state police do. Obviously that could be misinformation, but we wanted to double check that. Is there any chance we could beat this?

Thank you, Mae

Oniel

I received a ticket in Miami for failing to stop at a Steady Red Signal which resulted in a accident. Payment is due on March 31st or I can take it to court. Payment amount on the ticket is $244. However when I called the Court telephone number & go on there website it says the price is $277. How can that be?

Rusty

Barry, I received a UTC for speeding on March 30.I really didn't look at the citation until 2 days later where I discovered that while auto info and tag number are correct,the personal info was someone else completely including DL number. The trooper said I was doing 16 miles over the limit,but was only citing me for 9 mph over.He said that I would be charged for the 16 over if I challenged the ticket.How should I proceed?

Barry Kowitt

Mae,

You've given me a lot there. Generally, the things you listed as mistakes by the officer don't give rise to a dismissal, but you listed so many, in your case, you may want to bring them up collectively and see what happens. As for the Sheriff not having jurisdiction, that might be a tougher argument.

Good Luck.

Barry

Barry Kowitt

Oniel,

Thanks for commenting and thanks for your question. I have a few questions about what you wrote about. It would be better if you called my office to discuss. I think the clerk was mistaken in what he/she told you.

Barry

Barry Kowitt

Rusty,

This is something we are starting to see more and more. These days, the officers are using the computer to write the tickets and the previous person's information was probably still in the computer. Because some of the information is yours, you can't ignore it. The problem is the mailing information is not yours, so you will not receive notification in the mail. You should try to go to the clerk of court and get this clarified (or try going to the police station). If you hire an attorney, they will get notified of court hearings and explain to the judge, which may be easier/better for you. Up to you.

Barry

Bette

II recived a traffic citation yesterday for Violation of "traffic control device. I was going 46 in a 30 MPH zone. When the officer gave me the citation he explained thatinstad of making it "unlawful speed" he made it the violation of traffic control device" so it wouldn't be as big a fine but it still is $166 plus if I have to go to traffic school so I don't recieve the points that will be even more money. I just was laid off from my job that I only had for a month after being out of work for quite some time before that so I truely can't afford all of this. Is there any chance that they might reduce it and take away any points if I go to court? Thank you for any advice.

Bette

Barry Kowitt

Bette,

The officer did a common move to save you money. The speeding ticket would have been over $250 and the violation of traffic device is $166. In truth, it was nice of him/her. However, $166 is still money you don't have or want to spend on this. I don't know what county this was in, some judges will cut you a break and the clerk can allow you to pay in installments.

The gamble with hiring an attorney, of course, is that if it's not dismissed, you might pay more and that's not an option for you. I would try walking into court and explaining your financial situation. There's a chance they can order community service which wouldn't cost you anything.

Good Luck.

Barry

johanne

I was pulled out on Saturday by an officer who said that my window were tinted too much and that I could get a ticket for each one. I told him that I bought the car used in 2010 and it was a 2006. I also told him that I never knew that, which was true. He then proceeded to write me a ticket for my brake lights being out. I told him that I had no way of knowing they were out and asked if he could just give me a warning and I'll get them checked by my mechanic. He refused and gave me the citation. So I take the car to my mechanic on Monday and he said that my brake lights were working fine, nothing wrong with them. I had a look while he sat in the car and he was right. What do I do now?

Mike

I have read the Florida seatbelt law, and from how I read it if you are an adult driver without "passengers" the law does not apply to you. If you are driving with passengers you as the driver also must wear a seatbelt. Thoughts?

Dane

Yesterday I received a citation on I-4 in the Sanford area. I was driving with traffic and the Statute that he put on the ticket was 316.187(1) which is: "*316.187(1), FS Speeding – within a zone posted for any electronic or manual toll collection facility (speeding fines may be doubled when a sign is erected – MUST SPECIFY – TOLL FACILITY – SIGN POSTED – DOUBLE FINE)" I-4 is not a toll road. What are the chances of getting it dismissed in court?

Solangel

My mother recently received a ticket on florida for improper backing, the thing is we don't know of she has to pay or anything cause it doesn't say, and i searched online in the clerk office and nothing, what do i do ?

barry

I received a UTC for Violation of Right of Way...The office said i passed too close to the side of his car while he was writing i ticket. The street is 2 lanes and a turn lane...i needed to turn so i moved out of the turn lane and into the second lane....the police car was straddling the turn lane and the second lane. I went over as far as i could but another car was in the third lane. He told me a story about a FEMALE officer hurting her thumb recently etc...Do you think this is winnable in court..Barry

Curt

I was stopped this morning within the City of Sarasota, in Sarasota County for speeding. The officer was a City of Sarasota police officer. According to the citation he says he clocked me at an unlawful 66 mph in a 40 mph posted speed zone (computer generated UTC). On the UTC it says "Unlawful speeding on a state road". The statute cited is 316.178(2)C. The fine is 281.00 in addition to 4 points on my license. While the fine is steep in my opinion, (which I know doesn't matter) that is what the statute is for this amount of alleged speed. I definitely don't want points on my clean driving record. That being said, I don't want to pay more in attorney and court fees than the original fine. Should I take the time to speak with an attorney?

Curt

I forgot to mention the officer was using laser and that is indicated on the UTC.

Desiree

I got a ticket that said that i was driving on the "wrong side of the road". The police officer wasn't even near where the accident supposedly happened. he was across that street at a light. I didn't even drive on the wrong side of the road i crossed over and turned. if anything he could say that i did a unlawful turn but thats it. Should i take this to court ? what should i say ?

Maria

I got a traffic citation last Friday. The police officer pooled me over and when I gave him my license he gave me a ticket for failure to change address within 10 days. I had just moved back to Miami from Los Angeles the Monday before that, therefore it had been 4 days not 10. I told the police officer that I had an appointment at the DMV to change my license on Tuesday the 13th, but he gave me the ticket anyway. Where do I have to go to get my ticket dismissed?

Barry Kowitt

Maria,

Unfortunately, the only way to get this ticket dismissed is by a judge. The only way to get a judge to do that is to file a plea of "not guilty" and demand a trial. At trial, you can show the judge your documentation and hopefully get it thrown out. It will take at least two court appearances and maybe a third.

If you would like us to do it for you, we'd be happy to discuss the case with you. Our fee for something like this would be $69.00.

Thanks.

Barry

Martha A Guerrero

Hi Barry, I got a citation last Thursday n I called Monday nclerk said the citation hasn't been turned in,this was in hidalgo county,I was stopped for no license n got a warning for speeding but the vehicle was borrowed n the speedometer recently stopped working n my sister in law had just bought it n still paying for it I was taking my mother to hospital to get checked out when he stopped me,it was a 55 speed limit n he said I was speeding but didn't say how fast,which I wasn't going too fast maybe a lil over 55 since I cudnt tell ,idk what to do in court its my very first citation

Mina

I was in a car accident. Brakes failed. Catalytic converter was broken. I was (TG) driving about 10 miles per hour. and rear ended another car. I spoke with various people (atty included) that i should just pay the ticket instead of fighting it because I would need to bring in the mechanic. I also live in New York and the extra expenses of traveling back and forth. Do you think just pay it or fight it. I haven't paid it yet. I really bothers me that the sheriff wrote down it was careless driving. and that i will have four points on my license.

Barry Kowitt

Mina,

Thanks for your question/comment. Let me ask you, what county did this accident take place in? You should not have to come back to appear and if you "just pay the ticket" you will receive points. I can probably help you with that.

Barry

Ruaa

I just received traffic citation, and I have to appear in court within 30days. I have to fill the flea and send it to the clerk with the yellow citation. My question is do I need to select the court as they wrote on the green paper with my information or what exactly should I do because I have to send it for court schedule

Barry Kowitt

Ruaa,

Best thing to do is call the clerk of court if you have a question. I would make a copy of everything you send them.

Barry

George G.

Hello, I received a traffic citation in Florida. I was driving on the interstate where I passed a Florida Wildlife Commission vehicle on the left hand side. I did not "fly" past him. A few miles down a state trooper pulled me over where the FWC truck pulled in and parked in front of me. He says he called in that I was speeding to the state trooper where he then proceeded to ask me multiple times if I didn't believe he was a real cop which I never replied to. The state trooper than hits me with a ticket saying I was conveniently going 90 mph. This was completely untrue nor did I pass the trooper going 90 mph. How can I fight this? I believe I was wrongly pulled over and given a ticket to satisfy the ego of the FWC officer. I am going to court in Martin County, Florida. Please help.

Barry Kowitt

George,

Speeding tickets like this are going to require both officers to show up in court. You will need the one that determined you were speeding and the one that wrote the ticket. The officer that determined you were speeding must produce evidence that you were speeding (can't just tell judge you were speeding). Most likely, the evidence will be a pace clock. Be sure to check the paperwork (I've written about it in my blog).

If you would like us to fight this for you, just let us know.

Thanks.

Barry

Mike

The fact of the matter is we were all caught speeding (including me), why can't our society just accept responsibility and move on?

Barry Kowitt

Mike, this isn't about accepting responsibility, it's so much more than that. First of all, the police make plenty of mistakes and pull over the wrong car or exacerbate the speed to increase the fine. Additionally, because the legislature has made the fines so outrageous and turned traffic tickets into a money making operation instead of a safety issue, people are looking to save money. Many of my clients get handed a $400-$600 ticket and are just expected to "accept responsibility." I think that's an outrageous amount of money. People shouldn't have to choose between food on the table or rent vs. paying a ticket.

Barry

Erey10

I received a 316.187 (2)(a) today in Florida and it had my birth yr wrong. Also if I pay the ticket n they report it to GA can I be fined again under super speeder law in GA?

Debbie

I received 2 tickets at once both I feel was wrongfully given to me. One ticket was for my 2 year wearing only a lap belt and one for parking-drop off passenger in roadway. First my son was in a car seat strapped from shoulder to waist. officer said lap belt only. as for the drop off, well the only passenger I had in my car was the baby. I was just waiting for kids to cross before making my left turn. I saw the officer about 150 feet away from me. He walked over and ask me for my license. The officer accused me of first making a u turn the changed and said he is just going to give me a ticket for just parking. I wasn't parked and I didn't do anything to break the rules. Was it fair that I got a ticket just waiting for kids to cross before making my left turn to go towards dropping my son off to daycare. Please help me on what I need to do.

Barry Kowitt

Debbie, what you've described certainly sounds unfair. We'd love to help you fight these. Feel free to give us a call and we'd be happy to discuss it with you.

Thanks. Barry

C.Jackson

I recieved a ticket in Florida for improper lane change, which resulted in my being rear ended. However, I was in the lane for nearly 5 seconds before impact. The posted speed limit is 45 but the ticket states it as 55. I was driving 45 and the ticket states the other driver was going 50. Does the error in speed limits on the ticket and the other driver going 5 miles over, constitute grounds for dismissal of the ticket? Thank you

Alex

Hi. I received a ticket today in Orange County for 40 in a 30 statute 316.189(2) but the actual posted speed limit Is 35. Is this grounds for a dismissal. Also I was clocked w radar Thanks

Barry Kowitt

Alex, hi and thanks for your question. You can certainly try to use that as an excuse, but be careful not to admit you were exceeding the speed limit, even by one mile per hour as that is all the state needs to find you guilty of speeding.

Good Luck.

Barry

Barry Kowitt

C. Jackson, Thanks for your question. You didn't get a ticket for speeding, so I would be hesitant to think that error could allow you get your case dismissed. You may want to consider the other driver's speed as a mitigating factor however.

Good Luck and if you want us to help you with it, feel free to give us a call.

Thanks.

Barry

Helen

My husband got a ticket for careless driving because he sideswiped a long tractor trailer. The following info was incorrect.... year, color, license plate number on the car. The officer also wrote the wrong direction, and weather conditions at the time of the accident. He put down rear end accident instead of side swipe. It was dark and there were no witnesses. He wrote down that the road was lit but at the time of the accident, they may not have been and the lights on the tractor were not on. My husband says he saw the lights on the cab but not on the end of the tractor. There were no injuries and the only thing damaged was my car. This occurred in Palm Beach County. Are the mistakes on the ticket enough to get it dismissed?

Thanks Helen

Barry Kowitt

Helen,

You are starting to see why accident cases tend to get dismissed more than other types of cases. If the officer didn't witness the accident, they can't testify in court. The testimony will have to come from someone who saw or heard something with their own eyes or ears.

I say fight the ticket. If you don't want to take the time to fight it, we can appear on your behalf.

Barry

Maharajan Shunmugam

Hi,

I got a red light violation ticket from a cop who was just behind me. I stopped at green in W.central blvd as the straight way is closed for work and detoured to left. I stopped to yield another car came straight in my opposite direction. But he didnt go straight and stopped to turn his left, so I suddenly made a left as I couldn't see the signal but cop who was just behind me caught me saying I ran at steady red. I know cop was behind me and I just stopped at green to yield other guy. But in my citation its mentioned as W.washington street where cop gave me the ticket. Please let me know if we can fight and possibilities of winning the ticket.

Thanks, Maha

Barry Kowitt

Maharajan,

You did not say if this was Florida. I am only licensed to practice law in Florida. If it is, we can certainly fight it and when I know more details, I'll tell you what I think about your chances of a dismissal.

Thanks.

Barry

Dandra

i recently received a uniform traffic citation. The officer who presented it set the citation at $114 and stated that it was non moving infraction. When I went to the clerks office i was told that it was 164 and the statue number that he entered was for in which i occur points, and would appear on my insurance. I have already called the deputy chief seeing as he was entering two different things on the citation. I also set a court date for this, is there anyway to truly get this dismissed.

Barry Kowitt

Dandra, certainly an officer writing the wrong statute is one of the many ways we get cases dismissed. It would be something you'd have to take to court in front of a judge. Keep in mind, the officer has the opportunity to amend the statute on the ticket prior to trial, and it sounds as if that's what was done here.
Thanks.
Barry

Paul Palmer

I was in an accident for running a red light and hit another vehicle in lee county and got a ticket for it. I thought I had 60 days to get this taken care of but when i looked at the ticket it said 30 days. I am just past the deadline. It seems like everything on the ticket is right. Is there anything i can do?

Barry Kowitt

Paul, I had someone from my office reach out to you. Hopefully they were able to give you some assistance.
Thanks
Barry

Ann Travis

My husband received a speeding ticket which requires a mandatory appearance in court. There is a box that says companion citations that is checked yes but he did nit receive any other citation. Could the citation be dismissed because of this?

Barry Kowitt

Ann, sadly, the type of error you stated is generally not enough to get a case dismissed. There may be other errors, however. Feel free to reach out to us if you want us to help you.
Thanks. Barry

Ann Travis

I also noticed that the location on the citation says SR-836 WB NW57 AVE SR-826. SR-836 & SR-826 are two different locations. Isn't that an error too? And it says unlawful speed of 80 at a 45mph workzone. Can that be proved? My husband says he did not see any workzone sign where he was stopped. There were signs up ahead, but not where he was stopped. What's your professional opinion? There is a civil penalty of $250 because it's supposedly over 30mph over the limit but that is only true if the speed limit was 45 instead of the regular 55 on the highway.

Barry Kowitt

You have raised a lot of questions and I'll be happy to answer them over the phone. It's just too much for this forum. Sorry. Barry

Ann Travis

I also noticed that the location on the citation says SR-836 WB NW57 AVE SR-826. SR-836 & SR-826 are two different locations. Isn't that an error too? And it says unlawful speed of 80 at a 45mph workzone. Can that be proved? My husband says he did not see any workzone sign where he was stopped. There were signs up ahead, but not where he was stopped. What's your professional opinion? There is a civil penalty of $250 because it's supposedly over 30mph over the limit but that is only true if the speed limit was 45 instead of the regular 55 on the highway.

zoey

hi Barry,
Its me again! thank you for your answer to my previous question, and maybe instead of answering this question for me, you could just point me in the direction of a website/book/manual that i can look up these inquiries...
I realize that nowadays the radars are much more accurate and can pinpoint any vehicles- but isn't there still a protocol for what lane and direction the officer has to be in in order to pull someone over? like i said before the officer was parked on the other side of a 4 lane road, and i was in the third lane from her. I don't see many officers pulling people over on the opposite side of the road. they are usually in the median (which i assume is so they can pull anyone) but i could very much be mistaken. I always thought that the officer had to be on the same side.
thank you for your time....again!

Barry Kowitt

Zoey, as far as I know, there is no restriction on where an officer can stand. I've seen tickets given where the officer was on the other side of a 4 way median. Sorry.

Tia

Hi I got pulled over in Putnam County Florida. After I picked up 3 of my children from school there had ben an accident of some sort at an intersection in the left hand turn lane,there was only one officer there and there was no one directing traffic, So When I came up to it I had planned on turning left into an auto advance place to go around him I was already crossed the double line to make the left turn... well as I was turning the green arrow light came on there was already nobody in front of me or coming into that lane. Well the officer left that scene jumped in his car and speed to get me. He write me a two tickets, one for Drove in oncoming traffic/around patrol. (316.1925) the other for wrong side of road way. (316.081). I have a court date already for this , my call ! and this will be 8 points against my licencse. My last ticket was 17 yrs ago. Do I have a reasonable case on my hands. Thanks

Barry Kowitt

Tia, thanks for the question. I would definitely fight this, for no other reason than 8 points on your license would be a killer. I've seen tickets like this quite often, when an officer is directing traffic, people get confused and the officer's get upset and issue multiple tickets. We would be happy to try and help you if you don't want to fight this yourself. Thanks.

Laine

I was driving on a ramp towards the expressway when my car went out of control. It spun and turned over. No one was hurt. But my 2000 Nissan was totaled. Witness who were driving behind me stated that I was not going fast, the police stayed with me while we waited for the tow truck. Then the state trooper came and gave me a ticket for a traffic violation. He told me that it didn't matter how slow I was driving - if you loose control of the car its a traffic violation. He said that it would be hard to prove something malfunctioned prior to the accident or was malfunctioned due to the accident. Is it worth fighting the ticket? Also, on the ticket, in the section that states property damage, it states,"yes 6000" . What does this mean? The only property damage was to my car. There was tire tracks on the mud that has already washed away. Thank you for your help

Barry Kowitt

Laine, what a terrible story. I'm glad you weren't hurt. You didn't say if this was Florida, but my first thought is that because the trooper didn't witness the accident, he would not be able to put you behind the wheel if this went to trial (just a guess) and if that is the case, it should be dismissed. As to the property damage, that's the officer's guess as to damages to your vehicle. It's not really meant for anything but a "guestimate" of the damages.

Sabrina Rickels

I was in port orange ,fl for a work meeting I got turned around I came up to red light and I wasn't thinking made a left hand turn at the red light to do a U turn of course I get pulled over, and I get hit with a $264 for (failed to yield right of way while turning 316.075) I even looked on the Florida statutes and this civil citation should only be $158 why is mine so much?

Barry Kowitt

Sabrina, without seeing the ticket, it's hard for me to answer, but from what I can see, 316.075 carries a penalty of $263 or 4 depending on the county. But worse than that is the points that will accompany the ticket if you just pay it. I would fight it to avoid the high fine and the points.

summer kay

i just got a "florida uniform traffic citation" from Stop sign - failure to stop at stop sign 316.123 (2)(A) i've told him because it my first time go to that community to just drop my coworker in 100 feet (right on front of him) and because i don't know the area actually i drive very slow cuz from the entrance it only 2 blog to my friend house ... by the way he gave me 3 option
1. go to court and pay them $166
2. take 4 hour class
3. fight with them
but on my ticket it doesn't say any option on it .. . what is the best way i can do?

Barry Kowitt

Summer, you didn't say what county in Florida, but your best option is probably to fight it. That is usually option 3 in the pamphlet they give you and it's the one that says to plead not guilty and wait for a court date.

Jessica King

I received a ticket for an improper lane change and its written on my citation that i was "pulling out in front of vehicle going in same direction" which is what the cop explained when he pulled me over. I had my blinker on and checked my blind spot to make sure I was clear before switching from the far right lane across middle lanes and finally into the far left lane where I then turned off my blinker. The cop was in the far left lane (4 lanes over than where I started) and I noticed him when I settled into the left lane. So he was not only many lanes over from where I started but also at least a quarter mile behind me too. I know the lanes inbetween the far right and far left were clear but the cop argues that I "didn't even bother to look" which is not only false but almost impossible for him to judge considering his position. Ive never gone to court before but should this be reason enough to go?

Barry Kowitt

Jessica, you have to be careful about getting into a "he said/she said" with a police officer. Also, in Florida, the key is really if you changed lanes safely and without being a danger to another vehicle. Obviously, that's a judgment call by the officer. (You didn't say if this was Florida, but I'm only licensed to practice law in Florida). You should fight it (in my opinion) but don't get hung up on the officer saying you "didn't bother to look."
Barry

Jessica King

I received a ticket for an improper lane change and its written on my citation that i was "pulling out in front of vehicle going in same direction" which is what the cop explained when he pulled me over. I had my blinker on and checked my blind spot to make sure I was clear before switching from the far right lane across middle lanes and finally into the far left lane where I then turned off my blinker. The cop was in the far left lane (4 lanes over than where I started) and I noticed him when I settled into the left lane. So he was not only many lanes over from where I started but also at least a quarter mile behind me too. I know the lanes inbetween the far right and far left were clear but the cop argues that I "didn't even bother to look" which is not only false but almost impossible for him to judge considering his position. Ive never gone to court before but should this be reason enough to go?

Tracey

Hello....First thanks for having this forum......
I received a speeding ticket for 57 in a 35...I was traveling on a single lane road headed north, behind 2 service trucks. The one right in front of me was a matco tools truck and in front of them was a tractor trailer of some sort. The officer was traveling in the opposite lane headed south of me. I was not speeding!!!....After the officer passed in high rate of speed he makes uturn, and put the lights on, I assumed he was headed to an emergency, I puled over and he pulled me over, his first question is You are from Ga where are you headed, I politely told him and asked what was wrong..what did I do? and at first he stated you were going 52 miles, i said i couldnt have been sir. I gave him my liscense, and he asked about my address, I explained about my transition and work. I didnt have registration, he told me he could have gave me a ticket for that too...anyway the ticket ended up saying 57. I am Innocent.....truly innocent....what are some laws governing the use of radar built in police cars...please help me:)

Barry Kowitt

Tracey, your questions relate to radar in police cars, but what I think you're asking is how can you try to prove your innocence? If I read correctly, this is a GA ticket. Your best bet is to find someone in GA who is familiar with the GA laws. Good Luck.
Barry

Valentin

I got a citation 316.123(2)A-failure to yield right of way in broward county. I did STOP at the sign, looked both ways and when I didn't see anyone, proceeded straight. While crossing the intersection, I took a quick glance at my left again and there was a car speeding towards me. I was unable to avoid him. The driver and passenger left to the hospital and I was issued a citation. I'm going to plead not guilty, I understand that the officer can't serve as a witness because he wasn't there. What can I expect at pre-trial court? Is it likely that the ticket will be dismissed? How do I go about telling the Judge the officer didn't witness? Thanks for any advice.

Barry Kowitt

Valentin, sorry for the delay in my response, by now your pre-trial has probably come and gone and your matter hopefully was set for court (as you won't get it dismissed at Pre-trial based on a factual defense of who saw what). Best bet at trial, let the state prove the case against you first, if they can't, it will be dismissed. If you looked left and there wasn't anyone there, you may want to let the judge know that. Might help to mitigate your liability.
Barry

Michelle

I got clocked in with a radar gun going around a curve. One office clocked me in the other gave me the ticket. Is it possible for grounds of dismal because I would going around a curve? Do both officer need to show up for the trial? I was issued a 316.187 violation when I was in a municipal road which should be a 316.189 violation. Would this also be grounds for dismal?

Barry Kowitt

Michelle, you are on the right track in thinking both officers need to be present. It all depends. Generally, the officer who determined your speed and the officer who wrote the ticket must appear. Sometimes it's the same one (even though there are multiple officer's on the side of the road) although in your case it sounds like two different officers. I would fight this, but wouldn't use the "around the curve" as a defense.
Barry

Amy Raistrick

Hi Barry,
We're from the UK but were recently on holiday in Kissimmee, Florida.
My father hired a yellow convertible Mustang from one of the major hire companies.
Unfortunately on the last day of our holiday he was pulled over by a state trooper doing 70+ in a 40 zone.
Being a tourist he didn't know he had to have his drivers license on him and so didn't have any form of ID.
The officer was very pleasant and even noted his speed as much lower than it really was, he gave my dad a ticket with a 280 dollar fine.
When we got home to England and he tried to see how he could pay the ticket, we've noticed that all the car details are completely wrong, and its listed with the wrong reg number as a White 1996 Toyota.
Not being from the states we are at a loss for what to do as he obviously can not attend court.
But if he pays it, will they know it is to be allocated to that ticket, even though it is wrong.
We visit Florida every year so he can not just ignore this as it would be terrible to have this outstanding on his immigration record.
Any advice you can give would be much appreciated.

Barry Kowitt

Amy, you have detailed quite a bit with your question. I know you are in the UK, but we can assist you (or give you information so you can resolve this any way you prefer). On something like this, I will need more personal information and I obviously don't want to correspond here. Please email me at bkowitt@ungerandkowitt.com and I'll try to help.
Cheers.
Barry

Amy Senus

I got pulled over today for going threw an apartment complex to avoid a red light however there is a nail salon, restaurant there. NO SIGNS POSTED NOT THREW TRAFFIC and I got a Uniform Traffic Citation can they do that have not had a ticket ever and have safe driver I drive for a living and my bounus depend on no ticets had I known if there were sighns posted I would not have done it

Amy Senus

Sorry for the miss spelling just very very upset...

Brooke

Hi Barry,
I received a red light camera ticket violation in the mail in September for the city of Aventura. I didn't open the mail because I was away for a few months until the beginning of January when I already had a second & third notice mailed to me. I just went online to try to pay it and it says "uniform traffic citation has been issued. Must pay at the court." It was my boyfriend who was driving the car at the time and ran the red light, I'm not sure if that matters. We would have just paid it if we had opened and seen the ticket in the allotted time frame. I'm confused as to what the Uniform Traffic Citation means and what to do about it. Do I just go to the courthouse? Is this ticket going to be on my record? How do I stop that from happening? Thanks so much!

Bill Jacobs

Hello Barry,
I was involved in a traffic accident in Kissimmee, FL (Osceola county) on 3/19/2016. The Florida Highway Patrol trooper told me I was not at fault and the other driver admitted to me and the trooper that it was his fault. The trooper took our information and wrote out an accident report and a vehicle tow report since my car was not drivable. The only paperwork I signed was from the towing company. The trooper and I then parted ways.
It is now April 8. I received an unmarked, handwritten envelope with no return address in the mail which contains a white (defendants copy) Florida Uniform Traffic Citation and a sticky note attached that simply says "fyi". All my information is in the citation and the statute is 316.123(2)(a). This is the first time I was made aware of any citation and to receive it in a plain, unmarked envelope seems a bit strange. My signature is nowhere on the citation (as it shouldn't be as I have never seen it until today).
According to the citation I was in violation of right of way and ran a stop sign. This is inconsistant with what did happen as there was no stop sign and I did have the right of way. Anyway, is it me or is something wrong with this situation. Could the trooper have confused who did what and wrote the citation to the innocent person, but presented it to the guilty driver for a signature instead? Are these citations usually presented days after the accident? Are signatures needed for this type of citation?
I'm not sure where to go first to get this resolved. Do I call FHP? Request a hearing? It's possible the other driver held onto this citation and decided to send it to me (thus the envelope and sticky note). I have 10 days left (according to the citation) in order to start a resolution. Thoughts?

Barry D. Kowitt is one of the founding partners at Unger & Kowitt, where they have helped over 750,000 people fight back.
In this blog, he shares with you his views on the traffic ticket system, as well as providing traffic ticket solutions that really work, no gimmicks. Hint: saying "my car doesn't go that fast" isn't going to cut it.